But, he added, the company could seek a special exemption to build.
Under one, the state could seek an exemption from work for parents with children younger than 1.
The club had said it might seek an exemption from the rule.
Other religious groups have been less successful in seeking similar exemptions.
The Bush administration had sought exemptions that would have increased use in 2005 to nearly 40 percent of 1991 levels.
Across the state, 10 similar small public schools are seeking exemptions from the Regents.
They say their customers have the right to keep lighting up while management decides whether to seek an exemption.
But in Virginia, recipients seeking an exemption because of health problems are allowed to produce evidence from their own doctors.
Transit officials are seeking an exemption to the rules, saying they would add travel time to many routes.
The company sought an exemption of $263,594 over the next five years, on an investment of $3.24 million.
